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HomeMy WebLinkAbout9-2-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT September 2, 2004 City Council Chambers A meeting of the Board of Adjustment was held on September 2, 2004 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Pat Avery Board Member Dana Timacus Alternate Member Justin Howard Alternate Member Sam Pullig Board Members absent: Board Member Mary Jowers Board Member Joey Hilliard Alternate Member Gladys Allen Alternate Member Kelli Maness Also present: Adina Abshire, Planner; Jill Cole, Recording Secretary; Lane Nichols, City Attorney APPROVAL OF MINUTES Alternate Member Pullig made a motion to approve the minutes of the August 5, 2004 Meeting. Alternate Member Howard seconded the motion. Motion to approve carried 4:0. (Board Member Timaeus arrived.) SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 527-BA: A request for a variance to the minimum elevation requirement in a special flood hazard area. Location: 1920 Westchase Drive Applicant: Debra A. Clark BOARD OF ADJUSTMENT Seplember 2,2004 Mrs. Abshire presented the staff report. The applicant, Debra Clark, is building a new home at 1920 Westchase. The property is located in a special flood hazard area, also known as the 100 year flood plain. These areas require, by ordinance, that any new construction be elevated a minimum of 18 " above the base flood elevation. Mrs. Clark would like to construct her house at 12" above the base flood elevation. Ms. Clark stated that she was not aware of these regulations when she purchased the property. Building 18" above the base flood elevation would require that the slab be poured completely on fill dirt. By constructing at 12" above the base flood elevation, six inches can be added to the depth of the beams supporting the slab and they will reach natural ground. At 12" above the base flood elevation, she feels that the slab will be at the same level or above other foundations in the area. The Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP) regulations 44 CFR allows for variances issued by a community in conformance with the following requirements: 1) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; 2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, 3) A community shall notify the applicant in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage (Note: Based upon the $195,000 value of the home put on the building permit, flood insurance would cost approximately $307 at + 2' and $597 at B.F.E.) and (ii) such construction below the base flood level increases risks to life and property; 4) A community shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Administrator. FEMA's document, Administering Your Floodplain Ordinance, lists several insufficient reasons for granting a variance. These reasons are: 0) BOARD OF ADJUSTMENT September 2,2004 1) Less than a drastic depreciation of property; 2) Convenience of property owner; 3) Circumstances of owner not the land; 4) To obtain better financial return; 5) Property similar to others in neighborhood; 6) Hardship created by owner's own actions. The Board of Adjustment should consider these when making a decision. Twenty-three notices were mailed to property owners within 200 feet of the subject property. Two notices in opposition were returned. Another response was returned, but it was not clear if it was in favor or in opposition. Slides of the subject property were shown. Discussion between Board members followed. Chairman Harris opened the public hearing and asked for the applicant's comments. Anthony Guidry, Ms. Clark's brother, addressed the Board. Mr. Guidry will be building the house. Debra Clark, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Howard made a motion to deny a variance to the minimum elevation requirement in a special flood hazard area at 1920 Westchase Drive as requested in File 527-BA. Alternate Member Pullig seconded the motion. The vote on the motion to deny File 527-BA follows: Chairman Harris - For Board Member Avery - For Board Member Timaeus - For Alternate Member Howard - For Alternate Member Pullig - For M BOARD OF ADJUSTMENT September 2, 2004 The motion to deny File 527-BA carried 5:0. OTHER BUSINESS